The Board of Zoning Appeals shall have the following powers and duties:
(A) To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this subchapter or of Chapter 157 of this code;
(B) To authorize upon appeal or original application in specific cases such variance as defined in VA Code § 15.2-2201, from the terms of Chapter 157 of this code as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of Chapter 157 of this code shall be observed and substantial justice done, as follows:
(1) When a property owner can show that his or her property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size, or shape of a specific piece of property at the time of the effective date of Chapter 157 of this code, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of Chapter 157 of this code would effectively prohibit or unreasonably restrict the utilization of the property or where the Board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of Chapter 157 of this code;
(2) No such variance shall be authorized by the Board unless it finds that:
(a) The strict application of Chapter 157 of this code would produce undue hardship;
(b) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and
(c) The authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.
(3) No such variance shall be authorized except after notice and hearing as required by VA Code § 15.2-2204. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail;
(4) No variance shall be authorized unless the Board finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to Chapter 157 of this code; and
(5) In authorizing a variance, the Board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.
(C) To hear and decide appeals from the decision of the Zoning Administrator after notice and hearing as provided by VA Code § 15.2-2204. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail. No such appeal shall be heard except after notice and hearing as provided by VA Code § 15.2-2204;
(D) To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by VA Code § 15.2-2204, the Board may interpret the map in such way as to carry out the intent and purpose of Chapter 157 of this code for the particular section or district in question. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail. The Board shall not have the power to change substantially the locations of district boundaries as established by ordinance. No provision of this section shall be construed as granting to the Board the power to rezone property;
(E) To hear and decide applications for such special exceptions as may be authorized in Chapter 157 of this code. The Board may impose such conditions relating to the use provided for in the authorized special exceptions for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. No such special exception may be granted except after notice and hearing as provided by VA Code § 15.2-2204. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail; and
(F) To revoke a special exception if the Board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by VA Code § 15.2-2204. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.
(1998 Code, § 2-280) (Ord. O-2023-15, passed 9-19-2023)